Competition Act · s 60

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60.
Competition Appeal Tribunal
(1) For the purpose of hearing any appeal referred to in section 59(1), there shall be a Competition Appeal Tribunal consisting of not more than thirty members appointed, from time to time, by the Minister on the basis of their ability and experience in industry, commerce or administration or their professional qualifications or their suitability otherwise for appointment.
(2) Members of the Tribunal shall hold office for such period as may be determined by the Minister and shall be eligible for re-appointment.
(3) The Minister may at any time remove any member of the Tribunal from office without assigning any reason.
(4) A member of the Tribunal may resign his office by notice in writing to the Minister.
(5) The Minister shall appoint to be Chairman of the Tribunal a person who is qualified to be a Judge of the Supreme Court.
(6) The Chairman of the Tribunal shall, when present, preside at every meeting of the Tribunal, and in his absence such member of the
Tribunal as may be chosen by the members present shall preside.
(7) The Minister may appoint a secretary to the Tribunal and such other officers and employees of the Tribunal as may be necessary.
(8) All the powers, functions and duties of the Tribunal may be exercised, performed and discharged by any committee of the Tribunal consisting of not less than three members of the Tribunal, one of whom may be the Chairman of the Tribunal.
(9) Any act, finding or decision of any such committee is deemed to be the act, finding or decision of the Tribunal.
(10) The secretary shall, from time to time, summon such members of the Tribunal as may be nominated by the Chairman of the Tribunal, to constitute a committee of the Tribunal for the purposes of giving effect to the provisions of this Part, and it shall be the duty of such members to attend at the times and places specified in the summons.
(11) Subject to subsection (12), where the Chairman of the Tribunal is nominated under subsection (10) as a member of a committee, he shall

Competition preside at every meeting of the committee, and where the Chairman is not nominated as a member of a committee, the Chairman shall determine which member of the committee shall preside at every meeting of that committee.
(12) Where the Chairman of the Tribunal or the member determined by the Chairman under subsection (11) (as the case may be) is absent at any committee meeting, such member of the committee as may be chosen by the members present shall preside.
(13) All matters coming before the Tribunal or a committee of the
Tribunal at any sitting thereof shall be decided by a majority of votes of those members present and, in the event of an equality of votes, the Chairman of the Tribunal or any other member presiding shall have a second or casting vote.
(14) Members of the Tribunal may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.
(15) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations —
(a) prescribing the period within which appeals may be made;
(b) prescribing the manner in which appeals shall be made to the
Tribunal;
(c) prescribing the procedure to be adopted by the Tribunal in hearing appeals and the records to be kept by the Tribunal;
(d) prescribing the places where and the times at which appeals shall be heard by the Tribunal;
(e) prescribing the fees to be paid in respect of any appeal under this Part;
(f) prescribing the award of costs of or incidental to any proceedings before the Tribunal or the award of expenses, including any allowances payable to persons in connection with their attendance before the Tribunal; and
(g) generally for the better carrying out of the provisions of this
Part.

Competition 64

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s 60Competition Appeal Tribunal

(1)

For the purpose of hearing any appeal referred to in section 59(1), there shall be a Competition Appeal Tribunal consisting of not more than thirty members appointed, from time to time, by the Minister on the basis of their ability and experience in industry, commerce or administration or their professional qualifications or their suitability otherwise for appointment.

(2)

Members of the Tribunal shall hold office for such period as may be determined by the Minister and shall be eligible for re-appointment.

(3)

The Minister may at any time remove any member of the Tribunal from office without assigning any reason.

(4)

A member of the Tribunal may resign his office by notice in writing to the Minister.

(5)

The Minister shall appoint to be Chairman of the Tribunal a person who is qualified to be a Judge of the Supreme Court.

(6)

The Chairman of the Tribunal shall, when present, preside at every meeting of the Tribunal, and in his absence such member of the

Tribunal as may be chosen by the members present shall preside.

(7)

The Minister may appoint a secretary to the Tribunal and such other officers and employees of the Tribunal as may be necessary.

(8)

All the powers, functions and duties of the Tribunal may be exercised, performed and discharged by any committee of the Tribunal consisting of not less than three members of the Tribunal, one of whom may be the Chairman of the Tribunal.

(9)

Any act, finding or decision of any such committee is deemed to be the act, finding or decision of the Tribunal.

(10)

The secretary shall, from time to time, summon such members of the Tribunal as may be nominated by the Chairman of the Tribunal, to constitute a committee of the Tribunal for the purposes of giving effect to the provisions of this Part, and it shall be the duty of such members to attend at the times and places specified in the summons.

(11)

Subject to subsection (12), where the Chairman of the Tribunal is nominated under subsection (10) as a member of a committee, he shall

(12)

Where the Chairman of the Tribunal or the member determined by the Chairman under subsection (11) (as the case may be) is absent at any committee meeting, such member of the committee as may be chosen by the members present shall preside.

(13)

All matters coming before the Tribunal or a committee of the

Tribunal at any sitting thereof shall be decided by a majority of votes of those members present and, in the event of an equality of votes, the Chairman of the Tribunal or any other member presiding shall have a second or casting vote.

(14)

Members of the Tribunal may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.

(15)

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations —

(a)

prescribing the period within which appeals may be made;

(b)

prescribing the manner in which appeals shall be made to the

Tribunal;

(c)

prescribing the procedure to be adopted by the Tribunal in hearing appeals and the records to be kept by the Tribunal;

(d)

prescribing the places where and the times at which appeals shall be heard by the Tribunal;

(e)

prescribing the fees to be paid in respect of any appeal under this Part;

(f)

prescribing the award of costs of or incidental to any proceedings before the Tribunal or the award of expenses, including any allowances payable to persons in connection with their attendance before the Tribunal; and

(g)

generally for the better carrying out of the provisions of this

Part.

Competition 64